Respondent’s evidence to be heard on Apr 5 in Ajay Singh’s election case

Source: The Hitavada      Date: 13 Mar 2018 10:35:30


Legal Correspondent

In the matter challenging the election of Ajay Arjun Singh, Congress MLA from 76 Churahat, District Sidhi, Assembly Constituency, the single bench of the Madhya Pradesh High Court comprising Justice C V Sirpurkar has posted for respondent’s evidence on April 5. Petitioner’s witness Sanjay Tiwari was present before the High Court and he was discharged after examination. Subject to any order to be passed by the Apex Court in this case, counsel for the petitioner closed the petitioner’s evidence. The case is posted for respondent’s evidence on April 5.

Counsel for the petitioner submitted that the compact disks filed in the case be kept in a safe custody because the condition of the covers is deteriorating. Office is directed to keep the compact disks in such a manner so that their physical conditions does not deteriorate.Counsel for the respondent submitted that the statements of Manoj Malviya was recorded on February 1. Examination concluded on that date. However, a note seems to have been inadvertently appended after the last paragraph of the cross-examination; wherein, it has been stated that the cross-examination is stopped, which gave the impression that it is yet to be concluded. In fact, the cross-examination has been concluded. In aforesaid circumstances, let a note to that effect be appended to the statements of Manoj Malviya, the single bench noted in the order. Earlier, Witness Swati Meena, than district election officer was present in person before the single bench of the Madhya Pradesh High Court comprising of Justice, C V Sirpurkar and she is discharged after examination and cross examination. In earlier hearing of the matter, the single bench of MPHC had fixed the case for examination of petitioner’s witness Swati Meena; however, an application has been received from witness stating that she is required to attend a Training Course for Decisions Makers at Shillong, Meghalaya between January 18, 2018 to January 20, 2018; therefore, she is unable to appear before the Court.Earlier Counsel for the petitioner had submitted that witness District Election Officer, Swati Meena, is in personal difficulty; therefore, she is unable to appear in hearing. In aforesaid circumstances, the case is adjourned by the High Court and Let the case be listed for evidence. The single bench has heard the Election Petition filed by Shardendu Tiwari from Churhat, Sidhi. Earlier the single bench had heard the matter for consideration of Interim Application filed by petitioner for issuing summons to witnesses and for calling documents through witnesses. Counsel for the respondents prays for time to file reply to aforesaid application.

The single bench had granted time to the respondent. Earlier during the hearing, petitioner’s witnesses Vyas Muni Pandey, Manoj Mishra and Narendra Yadav are present in person before the court and they are discharged after examination. Earlier petitioner had filed compact discs (CDs) of Video recording of the election meetings of the respondent Ajay Arjun Singh with the election petition. These are copies of the official record maintained in the office of the Returning Officer. Advocate Shivendra Upadhyay with Prakash Upadhyay appeared on behalf of the petitioner, while Advocate P.D. Gupta with Advocate Rashid Suhail Siddiqui for the respondent Ajay Arjun Singh, MLA.